The Workplace Relations Commission found that Lorna Jones was not unfairly dismissed after she resigned from Nearform Ltd, where she worked as a project co-ordinator. Adjudication officer Gaye Cunningham dated the decision 5 July 2023.
Jones said she was not told about or given the chance to apply for an Operations Manager position filled while she was on maternity leave. Nearform said the successful candidate was chosen for her experience and qualifications, and the appointment was unrelated to covering Jones’s leave. Jones also objected to a change in her reporting arrangements after her manager went on long-term sick leave.
The officer found Nearform should have told Jones about its appointment decision, but that failure was not a fundamental contract breach or conduct that made resignation reasonable. Jones resigned before mediation had concluded and had not substantially used the procedures available to address her complaint. The WRC found her constructive dismissal complaint not well founded.